On April 3, 2020, as part of the 2021 budget process, NY State passed legislation requiring all employers in NY to provide sick leave for employees. For most employers, the mandatory sick leave will be paid. Employees must begin accruing sick leave as of September 30, 2020 and are eligible to begin taking the time as of January 1, 2021.
The new provisions apply based on employer size and income as follows:
- Employers with fewer than five employees and a net income less than $1 million must provide workers with up to 40 hours of job-protected unpaid sick leave a year.
- Employers with five to 99 employees, and those with fewer than five employees and net income of more than $1 million, must provide workers with up to 40 hours paid sick leave annually.
- Employers with 100 or more employees must provide workers with up to 56 hours of paid sick leave per year.
Employers who offer PTO and/or sick time should review their existing policy(ies) against the state’s minimum requirements to ensure they are compliant. Where needed, plans to make updates to the policy(ies) should be made.
HR Works will continue to monitor this topic and communicate any additional guidance as it becomes available from the state. HR Works Virtual Helpline clients will receive a sample Paid Sick Leave policy template prior to the September 30 effective date.